Koochiching County Board Minutes

Board Minutes

for

December 22, 2009

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, December 22, 2009; 10:30 a.m.

OTHERS IN ATTENDANCE: Michael Malachi, Terry Murray, Susan Congrave, Dale Olson, Bruce Hasbargen, Justin Berg, Aarden Barnes, Dan McCarthy, Jay Squires via telephone; Reporter Laurel Beager

2009/12-24 Motion by McBride, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-25 Motion by Lepper, seconded by McBride to approve the minutes from the December 15, 2009 Regular County Board. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-26 Motion by Lepper, seconded by Pavleck to approve payment of the Health claims in the amount of $15,527.58 and to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-27 Motion by Pavleck, seconded by Lepper approving the 2010 County Budget gross levy at $3,787,261 (3% increase over last year of $110,000). The 2010 proposed levy breakdown is as follows: General Revenue - $1,616,109; Community Service - $1,227,325; Public Health - $73,000; Highway - $719,027; Environmental Services - $151,800. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-28 Motion by McBride, seconded by Pavleck authorizing the following County Fund designation for the 2010 County Budget: General Revenue Fund designate $4,198,576 for Cash Flow (includes coverage of other funds with inadequate cash flow) and $480,000 for the 2010 General Revenue Budget; Highway Fund designate $98,063 for Cash Flow and $100,000 for the 2010 Highway Budget; Community Service Fund designate $1,100,000 for Cash Flow and $200,000 for the 2010 KCCS Budget; Public Health Fund designate $247,633 for Cash Flow and $20,000 for the 2010 Health Budget; Environmental Service Fund designate $364,206 for Cash Flow and 0 for the 2010 E.S. Budget; County Development Fund designate $25,000 for Cash Flow and $194,125 for the 2010 County Development Budget; Land and Forestry Fund designate $200,000 for cash flow and $210,329 for the 2010 Land and Forestry Budget. Wastewater Debt Service Fund designate $50,000 for cash flow and $33,000 for the 2010 Wastewater Debt Service Budget. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-29 Motion by Pavleck, seconded by Lepper to adopt the 2010 Budget and Budget Plan in the amount of $20,784,297 plus the 2010 Fund 02 and 13 Supplement Budget in the amount of $345,507 for a grand total of $21,129,804.

Motion further adopts the following directives, effective immediately, and until such time as amended or terminated by the Board in order to respond to anticipated cuts to the County’s state aid:

a. Capital outlay purchases set in the 2010 County Department Budgets are froze until such time as the Board removes this directive, other than capital outlay purchases specifically approved by the Board for emergency or essential service purposes or under a grant agreement approved by the Board for a specific capital outlay purchase (capital outlay is defined as $1,000 or more under County Policy);

b. First half allocations paid to outside entities will be accompanied with a memo stating that should the County Budget face cuts in state aids or other situations that would cause a need to readjust the County Budget, second half allocations will be subject to further consideration;

c. 2010 Budget remains open and subject to adjustments at any time to respond to any
cuts received by the State in balancing their financial deficit.

d. The Board will schedule a meeting with department heads early in the 2010
Legislative session to review the state financial deficit and potential impact on the
County.

e. Department Heads are expected to manage a tight budget to allow for
further reduction of expenditures in the 2010 Budget to respond to state aid cut or
other situations that would cause a need to reduce the County Budget.

f. Hiring Freeze: Upon adoption of the budget, filling of positions will first be determined by the County Board and using the Personnel Committee for review and recommendation as needed. This includes all hires of full time, part time and temporary hire positions. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-30 Motion by Pavleck, seconded by McBride to approve the Memorandum of Agreement with the University of Minnesota Extension Service providing the County’s funding share for a .5 FTE 4-H Program Coordinator, operating expense and Extension Committee expenses as set in the 2010 County Budget with approval contingent of availability of funding by either party to the Agreement as a result of the State’s financial deficit. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-31 Motion by McBride, seconded by Lepper to approve a service contract with Robert M. Byman for assisting the Sheriff in meeting the federal and state requirements for emergency management in Koochiching County as recommended by the Sheriff and as funded and planned in the 2010 County Emergency Management Budget. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-32 Motion by Pavleck, seconded by Lepper that upon notification of EDA’s grant proposal to ARDC for their Regional Revolving Loan Program in the amount of $1.4 million, to verify Koochiching County’s support of a $2,000 contribution towards the local match share and that Koochiching County supports the expansion of the Regional Loan Fund eligibility to include the seven Arrowhead Region Counties of Aitkin, Carlton, Cook, Itasca, Koochiching, Lake and St. Louis and to include the City of Duluth. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 The Board members appointed to work on the Joint Rural Fire Meeting are looking to present a plan after the first of the year and that discussion with the County Board is needed as the first step. The Board Chair set a County Board committee session on January 5th. In addition, the Board Chair cancelled the January 12, 2010 Board meetings and moved the KDA meeting to January 5th. .

000 The Assistant Engineer presented a recommendation from the County Engineer to join St. Louis County in applying for grant funds for profile stripping on road shoulders for public safety reasons. That Profile Stripping provides less noise and impact to roadside usage than rumble strips yet still alerts a driver should they veer off the road. The Engineer recommends the profile stripping on CSAH roads within construction plans funded by grant and CSAH dollars.

2009/12-33 Motion by Pavleck, seconded by Lepper accepting the recommendation of the County Engineer to apply for grant funds for profile stripping on CSAH Roads as determined by the Highway Engineer within CSAH Construction Plans and funded by grant and CSAH dollars. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-34 Motion by Pavleck, seconded by McBride to renew the Pineview Detox Service Agreement funded by County dollars with no change and to renew the Pineview Recovery Service Agreement funded by federal and state dollars with changes in the federal/state funding as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 The Community Service Director informed the Board that in review of the Agency’s financial accounts and further review with the Health Director and Northome Resources Center Coordinator that the funding for the Northome Resource Center will be short $11,000 for 2009 and as a result, the County implemented the Coordinator’s Service Contract 30 day termination clause, which will end the contract by December 31, 2009. However, the deficit remains with the County. The Budget cost for the Center is the service contract and miscellaneous office costs and funding for the Center comes from miscellaneous outside sources and $10,000 from the Community Service Budget. The Director stated to cover the 2009 deficit the $10,000 in the 2010 Community Service Budget intended for funding the Northome Resource Center in 2010 would go to offset the 2009 deficit. The Health Director stated that the Northome Resource Center provided a liaison service for the Northome area and she would like to revisit the plan to retain the Center in Northome.

2009/12-35 Motion by Pavleck, seconded by Lepper accepting the recommendation of the Community Service Director that in lieu of the funding deficit for the Northome Resource Center and resulting need to terminate the Coordinator Service Contract, authorizing the 2010 Community Service Budget funding planned for the 2010 Service Center Budget to cover the 2009 funding deficit; further, to close the Center until a reorganization and funding plan is recommended to continue its operation. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-36 Motion by Lepper, seconded by McBride accepting the recommendation to relicense Barbara Ferguson for family day care for ten children. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-37 Motion by Pavleck, seconded by McBride accepting the Environmental Service Director’s recommendation to enter into a two-year contract with Luke’s Tire Service at the bid rates as presented and on file in the Environmental Service Department to remove tires from the Transfer Station and with the option to extend the contract an additional two years if mutually agreed upon. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 The Environmental Service Director presented the Technical Evaluation Panel’s revised recommendation to give 70% wetland banking credit to Hasbargen’s Haven Wetland Bank Application, revised from 65%, which was supported upon further review and consideration of the farming records available. In November, the County Board referred the Applicant’s 80% consideration to the Technical Panel for review. The Applicant stated his continued frustration as he feels his application is being discredited because the previous farmer was not enrolled in the Farm Service Agency Program that produced the documentation being used to determine wetland credits and further, that his application reviews have gone from 0% to 65% and now 70% based on interpretation of the Panel. The Applicant feels the 80% credit is justified based on the farming history. The Board members took the TEP recommendation of 70% under consideration but stated concern that the criteria being used in determining wetland banks of this nature in Koochiching County is too limited and needs to consider other evidence and information provided by the applicant in its determination of credits. To base a decision solely on farming documents that may or may not be obtainable in the Board’s view is not a fair evaluation of the application.

2009/12-38 Motion by Lepper, seconded by Pavleck that after consideration of the revised recommendation to grant 70% wetland credits for the Hasbargen’s Haven Wetland Bank Application by the Technical Evaluation Panel after further review of the available farm history documents and the Applicant’s justification for 80% wetland credits as documented in the Exhibit presented to the County Board on November 24, 2009, on page 24 through 26, to approve the Hasbargen’s Haven Wetland Bank Application at 80% wetland credits. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2009/12-39 Motion by Pavleck, seconded by Lepper adopting the following resolution supporting Kittson County in its appeal of a District Court Order for State Ditch and Public Road Establishment:

WHEREAS, Kittson County has authorized the appeal of a district court order in favor of the Minnesota Department of Natural Resources that the 1909 State Drainage Commission proceedings that established State Ditch 72 did not also establish public roads along State Ditch 72 and its laterals;

WHEREAS, the appeal involves issues relating to the authority of the State Drainage Commission and the district courts to establish public roads along judicial ditches in the State;

WHEREAS, Koochiching County also has public roads that were established through the same or similar proceedings and therefore has an interest in the Kittson County appeal.

NOW THEREFORE the Koochiching County Board supports Kittson County’s petition to the Minnesota Court of Appeals for leave to file an amicus curiae brief supporting the Kittson County appeal but that participation of Koochiching County in the joint petition process as requested is contingent on approval by the County Attorney. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:00 p.m. Aarden Barnes inquired on the Wetland Bank Application and Technical Panel review. Dan McCarthy questioned the need for so many levels of government to be involved in wetland management.

2009/12-40 Motion by Lepper, seconded by Pavleck to close session at 1:40 p.m. to discuss strategy with the County legal counsel for the pending Annexation Administration Process and Hearing regarding Ranier’s Orderly Annexation and the City of International Falls Annexation Petition for the same property. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried. (Present for the closed session: Board members, Administration Director, Attorney Jay Squires via conference call.)

2009/12-41 Motion by Lepper, seconded by Pavleck to open session at 2:35 p.m. and adjourn the meeting. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.